Loading...
HomeMy WebLinkAboutAgenda P&Z 090908CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 MEMORANDUM DATE: September 9,2008 TO: FROM: Growth Management Department SUBJECT Planning, Zoning and Appeals Board Members Planning, Zoning and Appeals Board Meeting Tuesday, September 9,2008 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, September 9, 2008. This meeting will be held in the Council Chambers, Palm Beach Gardens Municipal Building, 10500 North Military Trail, beginning at 6:30 p.m. Enclosed with this memorandum are the following items: 1. An agenda for the meeting; and 2. A Growth Management Department staffreport for the items to be heard. As always, the respective Project Managers’ telephone numbers and e-mail addresses have been provided in case you have any questions or require additional information on any petition. This will help us offer better staff support in the review of these applications. Nina Sorenson, Administrative Specialist 11, will call to confirm your attendance. I Karb L. Irwin, AICP Growth Management Administrator AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, SEPTEMBER 9,2008 AT 6:30 P.M. COUNCIL CHAMBERS 0 CALLTOORDER PLEDGE OF ALLEGIANCE 0 ROLLCALL 0 0 APPROVAL OF MINUTES: N/A REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN PLANNING, ZONING AND APPEALS BOARD Regular Members: Alternates: Craig Kunkle (Chair) Douglas Pennell (Vice Chair) Barry Present Randolph Hansen Dennis Solomon Michael Panczak Joy Hecht Amir Kanel (lst Alt.) Donald &an (2”d Alt.) Planning, Zoning and Appeals Board September 9,2008 1. Recommendation to City Council: Ex Parte Communication (Public Hearing) SPLA-08-08-000012: The Gardens Mall - Figs Restaurant A request by Gary K. Ross of Triad Construction, to consider and approve a minor site plan amendment to allow for the exterior elevation changes to accommodate the 2,208 square-foot restaurant located within the Gardens Mall. The restaurant, known as Fig’s, is located on the west side of the Macy’s Department Store, and the Applicant is requesting one tenant wall sign and an exterior trellis feature at the entrance. The Gardens Mall is located on the north side of PGA Boulevard between Alternate A1A and Prosperity Farms Road. Project Manager: Richard Marrero, Senior Planner nnarrero@,pbdl.com (79942 19) Recommendation to City Council: Ex Parte Communication (Public Hearing) Petition MISC-08-04-000042 - The Decorators Unlimited at Northcorp PCD A request by Johnston Group Land Development Consultants, Inc., agent, on behalf of South Park Center 11, LTD, for approval to allow the addition of an ornamental tower element with two signs on the west elevation of the Decorators Unlimited building and minor modifications to the site and landscape plans for the site. The 3.01-acre parcel is located in South Park Center, Lot 2, Northcorp Planned Community District, on the west side of Riverside Drive approximately 300 feet north of Burns Road and adjacent to Interstate 95. 2. Project Manager: Richard Marrero, Senior Planner rmaiTero@pbgfl.coin (79942 19) 3. OLD BUSINESS 4. NEW BUSINESS 5. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26. persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerks Office. no later than Jive days prior to the proceeding, at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. Ifa person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings: and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Exact legal description and/or survey for the cases may be obtainedfiom the files in the Growth Management Department. Commodpz agenda 09-09-2008.doc 2 PLANNING, ZONING AND APPEALS BOARD AGENDA COVER MEMORANDUM Date Prepared: August 28,2008 Meeting Date: September 9,2008 Petition No. SPLA-08-08-000012 SUBJECTIAGENDA ITEM SPLA-08-08-000012: The Gardens Mall - Figs Restaurant Recommendation to City Council: A request by Gary K. Ross of Triad Construction, to consider and approve a minor site plan amendment to allow for the exterior elevation changes to accommodate the 2,208 square-foot restaurant located within the Gardens Mall. The restaurant, known as Fig’s, is located on the west side of the Macy’s Department Store, and the Applicant is requesting one tenant wall sign and an exterior trellis feature at the entrance. The Gardens Mall is located on the north side of PGA Boulevard between Alternate A1A and Prosperity Farms Road. [XI Recommendation to APPROVE with two waivers [ I Recommendation to DENY Reviewed by: Interim City Attorney Max Lohman, Esq. i9LJ Development Compliance Bahareh Wolfs, AICP Director Approved by: Ronald M. Ferris City Manager Originating Dept.: Growth Management: Manager Project Senior Planner Advertised: [XI Not Required Affected Parties: [XI Not Required FINANCE: NIA Tresha Thomas Costs: $ NIA Total $ NIA Current FY Funding Source: [ 3 Operating [XI Other NIA Budget Acct.#: NIA PZAB Action: [ ] Rec. Approval [ ] Rec. App. wl conditions [ ] Rec. Denial [ ] Continued to: Attachments: 0 Project Narrative 0 Resolution 159,2004 0 Project Application 0 Development Plans 0 Maintenance Plan Meeting Date: September 9,2008 Date Prepared: August 28,2008 SPLA-08-08-0O0012 EXECUTIVE SUMMARY The subject petition involves a request to allow the following improvements to the Macy’s department store: (1) modifications to the west faqade of the Macy’s building; (2) approval of one tenant sign for Fig’s restaurant to be located on the west fqade of the building; (3) and modifications to the site and landscape plans for the areas around the proposed outdoor seating. BACKGROUND On February 16, 1984, the City Council approved the development order for the Regional Center Development of Regional Impact (DRI) through the adoption of Resolution 9,1984. The DRI was approved for a mixture of land uses consisting of retail, office, hotel, residential, neighborhood cinema, open space, and community uses. On November 15,1984, the City Council approved a development order for a “Regional Shopping Mall” within the Regional Center DRI, to be referred to as the “Gardens Mall,” through the adoption of Resolution 62, 1984. Said approval provided site plan approval for the construction of retail shopping mall of no greater than 1,200,000 square feet of gross leasable floor area together with all incidental uses thereof. On May 15, 1986, the City Council adopted Resolution 21,1986 amending the development order for the Gardens Mall (the ‘Mall’) providing for the addition of up to 190,000 square feet of gross leasable retail floor area, resulting in a maximum of 1,390,000 square feet of gross leasable retail floor area, and authorizing a parking space reduction from 5.0 parking spaces per 1,000 square feet of leasable retail floor area, as previously approved, to 4.9 parking spaces per 1,000 square feet of leasable retail floor area. The City Council approved Resolution 15,2002 and subsequently Resolution 224,2003, thereby approving the P.F. Chang’s and Brio restaurants consisting of 14,119 square feet, collectively, located on the southwest portion of the Mall. With the approval of the restaurant buildings, there exists a balance of 69,607 square feet of gross leasable retail floor area remaining from the 1,390,000 square feet originally approved for the Mall by the City Council. Most recently, the City Council approved Resolution 159,2004, approving a site plan amendment to the Gardens Mall property to allow for (1) the construction of a 144,000 square-foot Nordstrom department store in the location of the existing Burdines building; (2) the expansion of Macy’s department store by 90,000 square feet; (3) the expansion of the Saks Fifth Avenue department store by 35,000 square feet; (4) the expansion of the Gardens Mall by 32,000 square feet of gross leasable area; (5) a reduction in the parking ratio for the Gardens Mall site; and (6) minor modifications to portions of the Gardens Mall parking lot. Pursuant to the development program for the Regional Center DRI, restaurant use is a permitted use 2 Meeting Date: September 9,2008 Date Prepared: August 28,2008 SPLA-08-08-000012 and there are no restrictions that regulate the maximum square footages allowed other than the overall commercial square footage allocated for the Regional Shopping Center. On June 19,2008, the applicant filed an administrative amendment development application requesting approval of outdoor seating for the restaurant (Petition no. ADMN-08-06-000236). The administrative amendment approved the outdoor seating and the associated landscape modifications. With the administrative amendment application, the applicant proposed modifications to the exterior of the building and signage which requires City Council approval. Therefore, the applicant has filed the subject petition requesting approval of the wall sign and exterior modifications. LAND-USE AND ZONING The future land-use designation of the subject site as reflected on the City’s Future Land Use Map is Commercial (C). The zoning classification of the site is Planned Community District (PCD) Overlay with an underlying zoning of Commercial. PROJECT DETAILS Buildinn Site The site for the restaurant, known as “Figs”, is located on the west side of the existing Macy’s department store located within the Regional Shopping Mall. Site Access Circulation The proposed location for the restaurant can be directly accessed through two (2) driveways leading to and from Fairchild Gardens Blvd. and Kew Gardens Blvd. Architectural Stvle The existing architecture of the Macy’s building will remain unchanged, however, the restaurant proposes modifications to the exterior in order to accommodate the desired theme and outdoor seating for the tenant. The modifications proposed to the exterior include: (1) addition of a non- corrosive metal trellis to be attached to the existing wall that will allow a network of ficus pumila (commonly known as ‘creeping fig’) to grow; (2) a sign for the “Fig’s” restaurant to be located above the primary entrance of the tenant space. The applicant has stated that prior to installation of the trellis, the wall directly behind the trellis will be painted a soft green color to serve as the color palette until the live greenery has matured. Staff recommends the existing wall color remain unchanged. Landscapinz The subject petition includes landscape modifications to the west faqade of the building adjacent to a 3 Meeting Date: September 9,2008 Date Prepared: August 28,2008 SPLA-08-08-0000 12 and around the proposed outdoor seating for the restaurant. The applicant proposes 12 Cabbage Palmettos, 12 Sword Ferns, Bougainvillea and Sweet Potato Vines. The applicant has agreed to a condition of approval to relocate the 4 mature Washingtonia robusta Palms that are proposed to be removed elsewhere on site. Staff recommends a condition of approval regarding the maintenance of the Bougainvillea and Creeping Fig in order to ensure the aesthetics of the subject site are preserved (please see attached maintenance plan). Parking Resolution 21,1986 authorized a parking space ratio reduction for the Mall from 5.0 parking spaces per 1,000 square feet of gross leasable floor area to 4.9 parking spaces per 1,000 square feet of gross leasable floor area. Through the adoption of Resolution 159,2004, a Mer reduction in the parking ratio to 4.5 parking spaces per 1,000 square feet of gross leasable floor area was approved. The proposed use, based on the accepted parking ratio for the Gardens Mall, requires 10 parking spaces. No additional parking spaces are proposed for the addition, since the mall has an excess of 701 parking spaces. Sianage The applicant is requesting approval for one (1) wallhenant sign which is constructed as a cabinet- type sign that is flush-mounted to the wall and located above the first-floor line. Staff has encouraged the applicant to utilize a reverse-channel letter sign that is flush-mounted to the wall, consistent with the direction staff has been giving tenants that propose signage within the City. However, there is not a Code that specifically prohibits the applicant from requesting approval of the proposed cabinet sign and the applicant feels that the sign is an integral component to the theme of the restaurant. Section 78-285, Table 24, requires that the letter height not exceed 24 inches and be located below the second-floor line. The applicant proposes a cabinet sign with a letter height of 44.5-inches above the second-floor line. Therefore, the applicant will need approval of the following two waivers: (1) to allow for the height of the letters to exceed the maximum allowed by Code; and (2) for the sign to be located above the second-floor line (please see waiver section). Drainage The applicant will use current and existing drainage conditions/pattems on site. WAIVER REQUESTED The applicant is requesting approval for two (2) waivers, which is as follows: Wall Signs: The applicant is requesting two waivers to erect one wallhenant sign with (1) 44.5-inch high letters (2) above the second-floor line. 4 Meeting Date: September 9,2008 Date Prepared: August 28,2008 SPLA-0848-000012 Code Requirement: Section 78-285 of the City’s Land Development Regulations allows for tenant signs to have a maximum letter height of 24-inches for ground floor users. The Applicant proposes a tenant with 44.5-inch letters above the second-floor line. Staff Recommendation: Staff has reviewed the submitted elevations and does not object to the waiver requests. Staff believes the size of the letters and the placement of the tenant sign is appropriate due to the size of the building’s faqade. The signs will offer a break in the large blank wall space that currently exists on-site. Staff recommends APPROVAL of the requested waivers. However, staff encourages the applicant to utilize reverse-channel letters that are flush-mounted for the proposed tenant sign for the restaurant. STAFF RECOMMENDATION Staff recommends APPROVAL of petition SPLA-08-08-000012 with two waivers and the following conditions of approval: 0 The exterior wall color behind the trellis shall match the existing color of the Macy’s building. The maintenance, pursuant to the maintenance plan, of the Bougainvillea hedge and the Creeping Fig shall be kept in good condition and safe to the public. If it is determined by the Applicant, successors or assigns that the Bougainvillea hedge or the Creeping Fig needs to be removed for any reason, the Applicant shall be required to remove the trellis and replace the plants with a different species through an administrative approval. 0 5 City Council Narrative Project: Figs Restaurant at Macy’s at Gardens Mall Background: Macy’s is having an upscale restaurant, Figs, constructed in a portion of the Macy’s store located at the Gardens Mall. Opening of the restaurant is scheduled for Fall 2008. When operational, the evening hours will extend later than the normal business hours of Macy’s retail department store operation. When the operational hours of Macy’s retail department store operation and Figs coincide, the restaurant may be accessed from both the interior of Macy’s and from an exterior entrance directly into the restaurant. When the restaurant is open for business later than the Macy’s business hours, access is limited to the exterior entrance directly into the restaurant. Identification of this entrance exclusive to the restaurant only is critical to the resta u rant‘s success. Petition: The applicant is petitioning the City of Palm Beach Gardens City Council for consideration and subsequent approval of two items. These items are components of Figs’ national branding. Each is described in detail in the accompanying information package. In brief, these items are: 01. A sign to be installed on the existing wall of Macy’s that gives the name of the restaurant and provides direction to the entrance. 02. A non-corrosive metal trellis, also to be attached to the existing wall of Macy’s, to allow a network of ficus pumila (commonly known as creeping fig) vines to provide a green screen to the wall that has now become the exterior wall of the restaurant This green screen distinguishes that portion of the greater Macy’s wall as the restaurant in a subtle and pleasing manner. Prior to installation of the trellis the wall directly behind the trellis will be painted a soft green color to serve as the color palate until the live greenery has matured. Thank you for your consideration of this petition. Date Prepared: July 29,2004 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION 159,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN AMENDMENT FOR THE GARDENS MALL LOCATED WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI)/PLANNED COMMUNITY DEVELOPMENT (PCD) LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF ALTERNATE AIA AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW: (1) THE DEPARTMENT STORE IN THE LOCATION OF THE EXISTING BURDINES BUILDING; (2) THE EXPANSION OF MACY’S DEPARTMENT STORE BY 90,000 SQUARE FEET; (3) THE EXPANSION OF THE SAKS FIFTH AVENUE DEPARTMENT STORE BY 35,000 SQUARE FEET; (4) THE EXPANSION OF THE GARDENS MALL BY 32,000 SQUARE FEET OF GROSS LEASABLE FLOOR AREA; (5) A REDUCTION IN THE PARKING RATIO FOR THE GARDENS MALL SITE; AND (6) MINOR MODIFICATIONS TO PORTIONS OF THE GARDENS MALL PARKING LOT; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. CONSTRUCTION OF A 144,000 SQUARE-FOOT NORDSTROM WHEREAS, on November 15, 1984, the City Council approved a development order for a “Regional Shopping Mall” within the Regional Center DRI, to be referred to as the “Gardens Mall,” through the adoption of Resolution 62, 1984, allowing for the construction of a retail shopping mall of no greater than 1,200,000 square feet of gross leasabte floor area together with all incidental uses thereof; and WHEREAS, on May 15, 1986, the City Council adopted Resolution 21, 1986 amending said development order for the Gardens Mall and providing for the addition of 190,000 square feet of gross leasable floor area, resulting in a maximum of 1,390,000 square feet of gross leasable floor area, and authorizing a parking space reduction to 4.9 parking spaces per 1,000 square feet of gross leasable floor area; and WHEREAS, there currently exists a balance of 69,607 square feet of unbuilt gross leasable floor area remaining from the 1,390,000 square feet of gross leasable floor area vested for the Mall site; and WHEREAS, the City has received a request from Mr. Rick Warner of Warner Real Estate Advisors, Inc., on behalf of The Gardens Venture, LLC, for approval of a site plan amendment to the Gardens Mall property to allow: (1) the construction of a 144,000 square-foot Nordstrom department store in the location of the existing Burdines Date Prepared: July 29,2004 Resolution 159,2004 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 building; (2) the expansion of Macy's department store by 90,000 square feet; (3) the expansion of the Saks Fifth Avenue department store by 35,000 square feet; (4) the expansion of the Gardens Mall by 32,000 square feet of gross leasable floor area; (5) a reduction in the parking ratio for the Gardens Mall site; and (6) minor modifications to portions of the Gardens Mall parking lot; and WHEREAS, said site plan amendment will allow the construction of the remaining unbuilt and vested entitlements for the Gardens Mall of 69,067 square feet of gross leasable floor area; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and has recommended approval; and WHEREAS, the Planning, Zoning and Appeals Board reviewed said site plan amendment petition at its July 27, 2004, meeting and recommended its approval by a vote of 5-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staR and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The amended development plans for the Gardens Mall property are hereby APPROVED on the following described real property, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by resolution: LEGAL DESCRIPTION: THE GARDENS MALL LEGAL DESCRIPTION AS FOUND ON THE PLAT OF THE GARDENS MALL RECORDED IN PLAT BOOK 70 PAGE 24, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS. CONTAINING 100.367 ACRES, MORE OR LESS. 2 Date Prepared: July 29,2004 Resolution 159,2004 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 5: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following four (4) waivers: 1. Section 78414, entitled Number of spaces required, to allow for a total of 40 bicycle parking spaces on site. 2. Section 78-315(b), entitled Landscape islands, to allow more than nine (9) parking spaces in a row without the inclusion of a landscape island certain areas reflected on the approved site plan. 3. Section 78-285, entitled Permitted signs, to allow for two (2) wall signs (on separate elevations) for the Saks building; three (3) wall signs (on separate elevations) for the Nordstrom building; and a total of five (5) wall signs for the Burdines-Macy’s building. 4. Section 78-285, entitled Permitted signs, to allow wall signs in excess of the 90 square-foot maximum size requirement for principal tenant signs, dimensions of which are noted on the approved development plans. SECTION 4. Said approval is subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: Enaineerinq 1. Prior to the issuance of the first Certificate of Occupancy, the applicant shall provide the City with a copy of the recorded easement vacation documents. (City Engineer) 2. Prior to the issuance of the first building permit, the applicant shall provide a pavement marking and signage plan for the parking areas being improved as part of the current Mall expansion. (City Engineer) 3. Prior to the issuance of the first Certificate of Occupancy, the applicant shall provide a letter from the utility owners permitting proposed landscaping and irrigation facilities within their easements. (City Engineer) Plannina and Zoning 4. There shall be at least five (5) bicycle parking spaces at each of the three (3) newly expanded department stores (Saks, Nordstrom & Burdines- Macy’s), at least ten (10) additional bicycle parking spaces elsewhere on site, together with the existing fifteen (15) bicycle parking spaces, for a total of forty (40) bicycle parking spaces on site. (Planning & Zoning) 3 Date Prepared: July 29,2004 Resolution 159,2004 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 5. 6. 7. a. 9. IO. 11. 12. 13. 14. Prior to the issuance of the first building permit, the applicant shall provide a revised detail of the proposed landscape diamonds, the design of which shall allow for the adjacent parking spaces to meet the requirements of the City’s LDRs while providing adequate area for the proposed landscaping. (Planning & Zoning, City Forester) The duration of the waiver allowing for more than nine (9) parking spaces in a row without the inclusion of a landscape island within certain existing parking areas shall be limited to this site plan amendment approval only. Any future site plan amendments to the Mall site shall be required to meet said requirement or request a waiver from the City Council for same. (Planning & Zoning, City Forester) All rooftop mechanical equipment shall be screened from view. (Planning & Zoning) Lighting shall not conflict with landscaping, including long-term tree growth. (Police) All lighting for streets, parking lots, and pedestrian walkways shall be metal halide. Metal halide lighting shall be used for the multi-use pathways and sidewalks within the site and shall be lit at a minimum of 0.6-fOOt candles. (Police) Non-glare building lighting shall be installed around the entire building perimeter and on pedestrian walkways. (Police) Entry signage shall be lighted. (Police) Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits, including emergency exits. (Police) Numerical addresses shall be unobstructed, illuminated for nighttime visibility, and placed at the rear of each business. (Police) All structures shall use the following target-hardening techniques: a. Buildings shall be pre-wired for an alarm system. b. Doors shall be equipped with metal plates over the threshold of the locking mechanism. c. Glass perimeter doors shall be equipped with case-hardened guard rings to protect the mortise lock cylinder. 4 Date Prepared: July 29,2004 Resolution 159,2004 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 d. Rear doors shall have 180-degree peephole viewers. e. All perimeter doors shall be equipped with hinges that utilize non- removable hinge pins. (Police) 15. Exterior roll-up doors shall be target hardened. (Police) 16. Prior to the issuance of the first building permit, the applicant shall work with the Police Department to develop a high-resolution, security surveillance system with monitoring and photo printout capabilities. The Police Chief shall have final approval on the required number of cameras and locations thereof within the site. (Police) Miscellaneous 17. Prior to the issuance of the first Certificate of Occupancy, required digital files of the approved plat, civil design, and architectural drawings shall be submitted to the Planning and Zoning Division. (GIs Manager, Development Compliance Officer) SECTION 5. Said improvements shall be constructed in compliance with the following plans on file with the City's Growth Management Department: I. ' Nordstrom Architectural Plans, prepared by Callison Architecture, Inc., 25 26 27 28 2. 29 30 31 32 3. 33 34 35 4. 36 37 38 39 5. 40 41 42 43 6. 44 dated July 2, 2004, and received and stamped by the City on July 14, 2004. Sheets L-01 thru L-04: Nordstrom Landscape Plans, prepared by Grissim Metz Andriese Associates, last revised on June 30, 2004, and received and stamped by the City on July 14,2004. Burdines-Macy's Architectural Plans, prepared by BHDP Architecture and received and stamped by the City on July 14,2004. Sheets L-I .O thru L-3.0: Burdines-Macy's Landscape Plans, prepared by Grissim Metz Andriese Associates, last revised on June 30, 2004, and received and stamped by the City on July 14,2004. Saks Fifth Avenue Architectural Plans, prepared by Crawford McWilliams Hatcher Architects, Inc., and received and stamped by the City on July 14, 2004. Sheets LO1 thru L-04: Saks Landscape Plans, prepared by Grissim Metz Andriese Associates, last revised on June 30, 2004, and received and stamped by the City on July 14,2004. 5 Date Prepared: July 29,2004 Resolution 159,2004 7. Gardens Mall Expansion Development Plans, prepared by JPRA Architects, last revised on July 13,2004, and received and stamped by the SECTION 6. Said approval shall be consistent with all representations made by SECTION 7. This Resolution shall become effective immediately upon adoption. 3 City on July 14,2004. 4 5 6 7 8 9 10 11 PASSED AND ADOPTED this jv day of WiCOl- ,2004. 12 13 14 15 16 17 18 19 ATTEST: - 20 21 22 BY: the applicant or applicant’s agents at any workshop or public hearing. ai: 25 26 LEGAL SUFFICIENCY 27 28 29 BY: 30 APPROVED AS TO FORM AND Christine P. Tatum, City Attorney 31 32 33 VOTE: AYE NAY ABSENT 34 35 MAYOR JABLIN J-- 36 37 VICE MAYOR RUSSO J-- 38 39 COUNCILMEMBERDELGADO --- 40 41 COUNCILMEMBERLEW --- 42 43 44 / J G:bttomey-share\RESOLUTIONS\Gardens Mall Reso 159 2004.doc 6 . CITY PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Rea uest : - Planned Community Development (PCD) - Planned Unit Development (PUD) - Amendment to PCD, PUD or Site Plan - Conditional Use - Amendment to the Comprehensive Plan - Administrative Approval - Miscellaneous - Administrative Appeal - Other Date Submitted: Project Name: TE ECU 5 &It> g&ddq L 6 #= LA% kt rI A-LY'S 6h-s - Annexation - Rezoning - Site Plan Review - Concurrency Certificate - Time Extension I FQPRIS /co~e,~ FLO~~DA ~ebmzer1~5 LIT l"lb Agent's Mailing Address: Agent's Telephone Number: Fax Number: Petition Number: Fees Received Date & Time Receive 1 Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations} mt 1. Explain the nature of the request: Glddrt c? 40 dp' 2. What will be the impact of the proposed change on the surrounding area? 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? 3 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. &UNC(L 6.ppPoVAC fin Qwrlxmfi 2. That helshe is requesting 5(6,J~4 a~ -m&Cu 5 in the FEA#e P-T City of Palm Beach Gardens, Florida. F145 br rC-VS A LtkL GSDtw5 3. That he/she has appointed k %5s - Gbr- to act as authorized agent on hisher behalf to accomplish the above project. Name of Owner: e FNamelTitle mm gyw dGs &mwG!? Signature of Owner b -Be>ecAc frteea as 3461 &-A t5X.d City, State, Zip Code Street Address FbaW 33@8 P. 0. Box City, State, Zip Code Telephone Number Fax Number E-mail Address , 2oQd. lh Sworn and subscribed before me this 26 -- day of /Q U6( )Lr J& J?w Notary Public My Commission expires: I- 17-07 5 Applicant's Certification I/We affirm and certifL that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further, I/we understand that this official records of the City become a part of the Applicant is: Signature of Applicant - Owner Print Name of Applicant - Optionee 3$06 -13 ci?6%f.. P&&A~ Street Address - Lessee /LTUdT4 Le 5331 City, State, Zip Code Agent __ (7-70) %I q300 Telephone Number - Contract Purchaser (770) 401 q4bl Fax Number 6 Jun .If ut5 u4:svp I KlAU GWNS I KUC; I ION GO. , fl 305.932.7938 P. 1 Palm Beach Gardens Growth hfanagemnl Department 10500 North Militaiy Jrail. Palm Beach Gardens, FL 334 10 561-799-4230 Permit # Financial Responsibilitv Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit snall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to. consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of Ihe permit for which the City incurred during the previous month. The owner andlor designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s1 will cease until any outstanding invoices are paid. The ownerldesignee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Growth andlor address of the responsible party changes at anytime - 17-08 Owner signature Date - Owner printed name Property Control Number n NOTARY ACKNOWLEDGEMENT STATE OF F~OAly3A COUNTY OF Lfl n €ACH I hereby certify that the foregoing instrument was acknowledged before me this @%?'a, of to me or has produced JVNE ,20&8by TTfl~W ck4 I &Vc"ls . He or she is perso- as identification. cgw Ah& $w Notary public signafure - QIA/r/E -bbJOEe5 a 0 KO/./ State of Fc 0 Kt CM at-large Prinfed name MY Commission expires: I - I 4 ,- . . LETTER OF AUTHORIZATION As Registered Agent and Managing Partner, ForbeslCohen Florida Properties, Limited Partnership, I, Sidney Forbes, authorize Thomas Cairnes, Director of Planning and Construction, The Forbes Company, to sign all planning and permitting documents associated with The Gardens Mall and Macy's. . /' I \/ Sidney Forbes W The foregoing instrument was acknowledged before me this day of (h@ I2008, by Sidney Forbes, Registered AgenuManaging Partner of ForbeslCohen Properties, Limited Partnership. / .s e State of FLORIDA County of PALM BEACH Print, Type or Stamp Commissioned Name of Notary Public I. David Scheiner President & Chief Operating Officer Macy's Florida 22 East Flagler Street, Miami, Florida 33131 I 305.577.2525 phone 305.577.1386 fax February 25, 2008 To Whom It May Concern: Pursuant to our Delegation of Authority Resolution for Macy 's Florida Stores, LLC, Operating Vice Presidents and higher have the authority to sign on behalf of the company. This delegation provides Mr. Frank Molfetto, Vice President with the authority to represent Macy's as an "owner" to any state, county, city and municipality for the purpose of applying to buitding and zoning and other agencies related to new bui [ding, alterations and modifications requiring construction and related activities. If there are any questions, you may contact me. ' STATE OF FLORIDA COUNTY OF MIAMI-OAOE Sworn to and subscribed before me this 25 day of February, 2008, by J. David Scheiner, who is personally known to me. \ . &L/ Notary Public (signature) NOTA!Y PUBLIC-STPJE OF FLORIDA Barbara Liebeman Commission # DD610854 Expires: NOV 01,2010 BONDED THRUMLWTIC BONDiNG CO., INC. (Name of Notary, printed, typed or stamped) a .- ..- ,. ... ... CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD 0 Agenda Cover Memorandum [ ] Operating [XI , Other NA Date Prepared: May 12,2008 Meeting Date: September 9,2008 Petition: MISC-08-04-000042 1 Budget Acct.#: 0 0 I N/A Bahareh K. Wolfs, AICP Sub i ect/APenda Item : Petition MISC-08-04-000042 - The Decorators Unlimited at Northcorp PCD Judicial [ 3 Legislative [ 1 Public Hearing Recommendation to City Council: A request by Johnston Group Land Development Consultants, Inc., agent, on behalf of South Park Center 11, LTD, for approval to allow the addition of an ornamental tower element with two signs on the west elevation of the Decorators Unlimited building and minor modifications to the site and landscape plans for the site. The 3 .O 1 -acre parcel is located in South Park Center, Lot 2, Northcorp Planned Community District, on the west side of Riverside Drive approximately 300 feet north of Burns Road and adjacent to Interstate 95. [ X ] Recommendation to APPROVE 1 waiver ~ NA X 1 Recommendation to DENY 1 waiver Reviewed by: 1 Originating Dept.: 0 Resolution 68, 1996 0 Resolution 48, 1996 Ordinance 1, 1990 Growth Management: City Attorney: Max Lohman, Interim City Attorney Development Compliance: I [ X 3 Quasi- Adm Kara L. Irwin, 1 Date: Paper: I 4Ep I [ X ] Not Required Approved By: City Manager: Public Notice: [ 1 Yes [ X ] Not required Ronald M. Ferris Finance Dept.: Allan Owens NIA Administrator Senior Accountant: Tresha Thomas FeesPaid: [ ]Yes Funding Source: Planning, Zoning, and Appeals Board Action: I [ ]Recommend Approval [ ]Recommend Approval wlconditions [ 3 Recommend Denial [ 3 Continued to: Attachments: 0 Applicant's Narrative & Justification Plans 0 Resolution 2, 1997 Date Prepared: May 12,2008 Meeting Date: September 9,2008 Petition: MISC-08-04-000042 BACKGROUND On January 18, 1990, the City Council adopted Ordinance 1, 1990 rezoning Northcorp Center, RCA Boulevard Center, West Park Center, and South Park Center from Research and Light Industrial (M-1) to Planned Community District (PCD)/Planned Unit Developments (PUDs) with underlying zoning of M- 1. Furthermore, Ordinance 1,1990 provided that subsequent approvals shall be by resolution without newspaper publication or notice being required. Conditions of approval for development of the individual PUDs within the PCD were outlined in Ordinance 1, 1990. Through the adoption of Resolution 48,1996 on March 21, 1996, the City Council approved the site plan for the development of a 28-foot tall, 47,000-square-foot building located on Lot 2 of South Park Center within the Northcorp Planned Community District (PCD). The plans included 7,500 square feet of future ancillary office space in a mezzanine above the main floor of the warehouse area. On April 18,1996, through the adoption of Resolution 68,1996, the City Council approved a reduction in the size of the building from 47,000 square feet to 45,309 square feet in order to meet open space requirements. Resolution 2,1997, which was adopted by the City Council on February 6,1997, approved an amendment to the site plan and also included changes to the ground signs, wall signs, and the addition of two directional signs. The approval included a 24-inch-high sign for Decorators Unlimited at the northern end of the west elevation wall facing Interstate 95. There is also one principal tenant sign currently displayed on the east building elevation facing Riverside Drive. LAND USE AND ZONING 0 The subject site is zoned Planned Community Development (PCD) Overlay District with a Research & Light Industrial Park (M-1) underlying zoning district. The future land-use designation ofthe site is Industrial (I). PROJECT DETAILS The applicant is requesting approval to add an architectural tower element on the west building elevation facing Interstate 95 as a means to enhance the appearance of the existing building and to provide a location to display two principal tenant signs. The applicant states that the existing sign on the west elevation of the building is no longer visible to motorists due to the recent widening and reconstruction of Interstate 95. The upper tier of the 24-foot-tall tower will be angled so that its facades are visible to both the north-bound and south-bound traffic on Interstate 95. The applicant is also requesting approval to relocate the existing monument sign and associated landscaping. Architecture The applicant states several design concepts were considered for the tower element, including a rotunda style, but contends that the 45-degree angled-tower design was chosen in order to fit the existing building, to provide a tower faqade large enough to accommodate the proposed signage, and to also provide visibility to motorists on Interstate 95. (Please see applicant’s attached “Project Narrative” for a detailed explanation.) The applicant states the proposed 24-foot-tall tower feature has been designed to complement the architectural style of the existing 28-foot-tall-building. Section 78-1 84 of the Land Development Regulations states that building height limitations shall not apply to such architectural features not used for human occupancy. Therefore, the actual building height will remain at 28 feet. 2 Date Prepared: May 12,2008 Meeting Date: September 9,2008 Petition: MISC-08-04-000042 The tower will feature a standing-seam metal roof, deco outrigger brackets, stucco score lines, and 12-inch flat 0 stucco bands. The tower will be constructed of materials and colors similar to those found in the existing building, which has dark and light taupe colors. The standing-seam metal roof will be a green color to match the existing building awnings, which are a “Hemlock Green Tweed.” Signage Flatmall Sims The existing principal tenant sign on the west building elevation is proposed to be relocated to the northwest side of the new tower, and one additional principal tenant sign is proposed on the southwest side of the tower in order to provide visibility to motorists traveling both north and south on Interstate 95. The additional sign will require approval of a waiver because the number of signs exceeds the one principal tenant sign allowed by City Code. The two proposed signs will have 20-inch high letters, two lines of copy, and a sign area measuring 54 inches high by 20 feet long, for a total area of 90 square feet for each sign. The font will be New Times Roman, and the color will be bronze to match the existing signage. The existing principal tenant sign on the east building elevation facing Riverside Drive will remain unchanged. Monument Sims The project was approved for a monument sign that was setback approximately 60 feet from the Riverside Drive right-of-way. The previously approved monument sign was never constructed and the applicant has requested to relocate the sign closer to the right-of-way. The proposed monument will cause the relocation of one existing oak tree. The proposed location requires a waiver from the minimum 15-setback required by Code (please see waiver section). 0 Landscaping The original approved landscape plan provided 4,429 landscape points. Several palm trees and shrubs will be relocated on-site, to the satisfaction of the City Forester, in order to accommodate the new tower element, but no landscape points will be lost. Furthermore, the minimum required open space of 28% will remain unchanged. Parking The previously approved site plan provided 87 parking spaces. The original parking requirements were based on the site operating as an industrial use. The parking requirements for the industrial use were 1 space per 1,000 square feet, plus 1 space per employee. The applicant has requested that the parking requirements be modified to reflect the actual use that is currently operating in the building today. The applicant states that Decorator’s Unlimited is functioning as a general wholesale use with ancillary office use. The applicant has provided sufficient information to justify the change of use to staff. The parking requirements for general wholesale uses are 1 space per 2,000 square feet of wholesale plus 1 space per 250 square feet of an ancillary office. Thus, the proposed site plan provides 72 spaces and is consistent with the City’s parking requirements. Because the architectural tower element is not designed for human occupancy, no additional parking spaces will be required. 3 Date Prepared: May 12,2008 Meeting Date: September 9,2008 Petition: MISC-08-04-000042 With this request, the applicant is requesting approval of minor site plan modifications to the parking area in order to incorporate a truck maneuvering apron into the design of the parking lot, while maintaining the e minimum open space requirement. Waivers Code Criteria Number of signs feet from the Signs Proposed - Relocate an existing principal tenant sign to the northwest side of tower. - Display one additional principal tenant wall sign on the southwest side of tower. - 11 feet Waiver To allow one additional sign to be displayed on the southwest side of tower. 4 feet Staff Recomrnenda tion (1) Denial (2) Approval (1) Applicant’s Justification - “At the time the site was originally developed and until around 2005, the building was clearly visible from Interstate 95. This visibility was one of the primary factors for the applicant’s decision to purchase the property and was a major determining factor in the valuation of the parcel. The applicant has had a sign reading “Decorators Unlimited” facing the 1-95 right-of-way for over 10 years. However, with the recent widening and reconstruction of 1-95, the site has lost all visibility from the highway and now sits in a “hole” with respect to the height of the adjacent roadway. “The loss of visibility from 1-95 significantly damages the value of the property and presents an undue burden on the property owner whose business now has no identification along its primary frontage. Accordingly, the property owner is compelled to make a substantial investment in the property to construct improvements that will recapture the lost visibility along the Interstate. “The proposed additional sign allows for the tower feature to be lower in height and proportional to the building. If the tower feature included only one sign at a 90-degree angle to the building, it would need to be taller to capture the line of sight of vehicles traveling past the site in the southbound 4 Date Prepared: May 12,2008 Meeting Date: September 9,2008 Petition: MISC-08-04-000042 direction at 55+ miles per hour. From a design standpoint, the angling of the tower and request for one sign on each fagade facing 1-95 allows the tower to be lower and more proportionate to the building.” (Please see applicant’s “Project Narrative” attached) Staff Analysis - Staff recommends denial of the previously-approved principal tenant sign on the west elevation being relocated to the top of the new tower element. Furthermore, staff does not support a second sign to be displayed on the tower. Because both of the proposed signs will be displayed on the tower at 90-degree right angles, they will be visible at the same time, or from one vantage point, on Interstate 95. This will give the appearance of a much larger 180-square-foot sign, which is double the 90 maximum square feet allowed by City Code. The applicant has submitted photographs of other buildings along 1-95 that have signs on two or more facades. Although the examples submitted are somewhat similar to those proposed with this application, none is actually located on a small tower feature. In staff’s professional opinion, the display of more than one sign for the same tenant on multiple elevations, which are visible at the same time, is redundant and unnecessary, and is intended only to increase the impact of the message or name. This constitutes a form of advertising instead of a means of way-finding to the building. The fact that such signs may have been approved in the past should not be considered a basis for additional approvals. Stafldoes not support this waiver request. Applicant’s Justification: “The approved location is infeasible based on a lack of visibility from the right-of-way to the sign due to (1) the sign location’s approximately 60-foot distance from the street and, (2) the existence of a substantial amount of mature vegetation along the Riverside Drive frontage of the property. Further, the approved monument sign location conflicts with existing FPL facilities and an FPL easement that services the property.” Staff Analysis: Staff recommends approval of the requested waiver and believes the Applicant has demonstrated adequate justification to support the waiver. Staff has met with the Applicant on-site and has determined that the proposed location of the monument sign is the minimum necessary to allow adequate visibility to passer-bys for the sign. STAFF RECOMMENDATION (2) 0 0 Staff recommends DENIAL of the request to display one additional wall sign on the tower and to relocate the existing principal tenant sign to the tower because the signs would be visible at one time or from a particular vantage point, thus giving the appearance of a sign at least twice the minimum 90 square feet allowed by City Code. Staff recommends APPROVAL of the waiver to allow for the non-residential monument sign to be located 1 1 -feet from the Riverside Drive right-of-way with the following conditions: The Oak tree indicated on the plan as being relocated to make room for the monument sign shall not be moved unless a permit is obtained for the ground sign. Upon completion of the installation of the monument sign, no removal of existing landscaping near the sign shall be permitted. Within 90 days from the date of approval, the Applicant shall complete the changes as indicated on the site plan to restore the open space. 5 .-. c I I I I I I I \ \ \ \ / / / / 1 \ \ / 2 ra J- -I- F- I -1' DECORATOR'S UNLIMITED PROPOSED TOWER FEATURE LOT a2 - SOUTHPARK PALM BEACH GARDE I . .. , ... i # DECORATOR'S UNLIMITED PROPOSED TOWER FEATURE LOT a2 - SOUTHPARK PALM BEACH GARDENS, FLORIDA i r- --.. - ' [7] - .f .I. "- . - -. J e e i r t ' I I I f 11 I I I I I I 1 I I I I I I I I qlp ! 7J-p I I I I I I I I I ! I 5 E [ 0 a 1 I I I I I I I I I + I I I I I I I L, - - I I E DECORATOR'S UNLIMITED PROPOSED TOWER FEATURE LOT e2 - SOUTHPARK PAW BEACH QARDEWO, FLORIDA . 1 IIY I 1 a DECORATOR'S UNLIMITED PROPOSED TOWER FEATURE LOT 02 - SOUTHPARK PALM BEACH QARDENS, FLORIDA . e e .. r ' -1 I I I I I I I I I I I I -J I a € r-i II II II II II II II II II II II L, J - I I %r DECORATOR'S UNLIMITED PROPOSED TOWER FEATURE LOT 02 - 8OUTHPARK -...I --ma.. -----..- -a_.-- . . a r-i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I r------ i,i -T I I I I I I I I bl I I I I I I I I I I I I I P . DECORATOR'S UNLIMITED PROPOSED TOWER FUTURE LOT mO - SOUTHPARK PALY BEACH QARDECSZI, FLORUA J' e e . -9 W 31 Y 851 "' a I c . f ! f I I RESOLUTION 2,1997 A RESOLUTION OF THE crTy COUNCLL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO THE SITE AND SIGN PLAN APPROVED FOR SOUTH PARK CENTER, LOT 2; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application to amend the Site and Sign Plan, approved by Resolution 148,1996, and subsequently amended by Resolution 68,1996, for South Park Center, Lot 2 within the NorthCorp Planned Communi@ District; and WHEREAS. the City‘s Planning and Zoning Department has determined that said amendment is consistent with the City’s Comprehensive Plan. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approves an amendment to the site plan for South Park Center, Lot 2, located within the NorthCorp Planned Community District, to include changes to the ground signs, wall signs, and the addition of two directional signs. SECTION 2, Said amendment shall be consistent with plans filed with the City’s Planning and Zoning Department as follows: 1. 2. 3. February 3. 1997, Directional Sign Elevations. Sign Craft. February 3,1997, Monument Ground Sign Elevation. Sign Craft. February 3, 1997, West Elevation Flawall Sign, Sign Craft. SECTIO N 3, Said amendment shall comply with the following condition: 1. The proposed sign color shall be “Matthews Dark Bronze 4 1-3 1 3 .” SECTION 4. This Resolution shall be effective upon adoption. c ATTEST: LINDA V KOSIER, CMC, CITY CLERK AE'PfiOVED AS TO LEGAL FORM AND SUFFICIENCY VOTE: AYE NAY ABSENT MAYOR RUSSO L., --- I / J --- VICE MAYOR FURTAD0 COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK -- --- y/* --- Resolution 2,1997 Page CITY OF PALM BEACH GARDENS 1- N. MIUTARY TRAIL PALM BEACH GARDENS, FLORIDA 334lWl698 February 10,1997 Mr. Kenneth Blair Catalfbmo Companies 4300 Catalfbmo Way Palm Beach Gardens, Florida 33410 Enclosed is a copy of Resolution 2,1997, approving an amendment to the site and sign plan approved for South Park Center, Lot. Resolution 2,1997 was approved by the City Council at the Regular Meeting on February 6,1997. Sincerely, Cindy H-wey Deputy City Clerk Enclosure: As Stated THE DECORATORS UNLIMITED ARCHITECTURAL TOWER FEATURE & MINOR SITE IMPROVEMENTS PROTECT NARRATIVE April 9,2008 Revised: July 21,2008 REOUEST Johnston Group Land Development Consultants, Inc. (”Johnston Group”), on behalf of South Park Center 11, LLC (”Owner”), respectfully requests approval of a site plan amendment to allow for certain architectural, site and signage enhancements to the existing wholesale facility at 4700 Riverside Drive. PROTECT SIZE & LOCATION The subject site is comprised of approximately 3.01 acres and is located at 4700 Riverside Drive within the Northcorp Center Planned Community Development (PCD). The property is situated on the west side of Riverside Drive with prime frontage along the east side of Interstate 95. BACKGROUND INFORMATION The subject property is located vithin the Planned Comm inity District (PCD) zoning district and has a Future Land Use designation of Industrial (I). The site is currently developed with a 55,000 square foot two-story warehouse/office building which is the corporate headquarters of The Decorators Unlimited. The Decorators Unlimited, a premier, high-end design firm specializing in the creation of award-winning, luxury interiors, has occupied the site since development of the parcel in 1996. At the time the site was originally developed and continuing until around 2005, the building was clearly visible from Interstate 95. This visibility was one of the primary factors for the applicant’s decision to purchase the property and was a major determining factor in the valuation of the parcel. The applicant has had a sign reading ”Decorators Unlimited” facing the 1-95 right-of-way for over 10 years. However, with the recent widening and reconstruction of 1-95, the site has lost all visibility from the highway and now sits in a ”hole” with respect to the height of the adjacent roadway. To determine the exact elevations of both the building and the 1-95 wall, the applicant engaged the services of Lidberg Land Surveying to conduct a topographic survey of the The Decorators Unlimited Project Narrative Rev. July 21,2008 Page 2 0 improvements. Accordingly, it was determined that the top of the building parapet is at Elevation 44.17 NGVD (approximately 28 feet above the ground). The top of the 1-95 wall ranges from Elevation 44.41 NGVD (approximately 28.5 feet above ground level) at the south side of the site to Elevation 40.64 NGVD (approximately 25 feet above the ground) at the north property line. At best, the top of the parapet wall is only three (3) feet higher than the top of the 1-95 wall nearest the north property line. However, due to the height of the wall above the highway surface, the visible sightline of the building from passersby is completely eliminated. The loss of visibility from 1-95 significantly damages the value of the property and presents an undue burden on the property owner whose business now has no identification along its primary frontage. Accordingly, the property owner is compelled to make a substantial investment in the property to construct improvements that will recapture the lost visibility along the interstate. PROPOSED BUILDING IMPROVEMENTS Decorative Tower Feature 0 This petition is for approval of an amendment to the building plans to include an architectural tower feature on the west elevation that will enhance the aesthetic qualities of the structure while providing visibility from Interstate 95. The proposed tower feature has been designed to be complementary to the architectural style of the building. The tower will be constructed using materials similar to those already found in the building architecture and is color coordinated with the existing building. The walls of the tower will incorporate the tan and taupe colors of the building, and the standing seam metal roof feature will be green in color to match the existing building awnings. As mentioned above, the key to recapturing visibility from 1-95 is to look at the line of sight from the highway surface on the approach to the building from both directions, as well as directly adjacent to the building in both directions of travel. Preliminary concepts for the subject building improvements contemplated a tower that contained the signage that was parallel to the roadway. However, due to the height of the wall between the northbound and southbound lanes of travel directly adjacent to the building, the aforementioned concept produced a tower that was excessively high and would be disproportionate to the two-story building. Therefore, in order to allow a reduction in the height of the tower from the original design, the architect has designed The Decorators Unlimited Project Narrative Rev. July 21,2008 Page 3 0 the tower feature so that the second tier of the structure is turned at a 45-degree angle to the highway. Signage, bronze in color to match the building’s window frames, will be added on the two (2) facades of the tower that are angled toward northbound (facing southwest) and southbound (facing northwest) 1-95. Since the elevation (height) of the highway wall decreases northward of the project site, visibility to the site by southbound traffic can be re-established without the need for additional height. In fact, the applicant is confident that this design will be safer than building the tower at a 90- degree angle since drivers will not be forced to turn their heads sideways to see the sign while passing at 55+ miles per hour. Such signage is consistent with other projects previously approved within the City along the Interstate 95 corridor including the G4S / Wackenhut Corporation, Doubletree Hotel and Embassy Suites. Each of these buildings, all of which are in the general vicinity of the subject property, has signage on dual frontages angled toward the interstate as exemplified in the following photographs: G4S Wackenhut, 4200 Wackenhut Drive View ~orn Interstate 95 The Decorators Unlimited Project Narrative Rev. July 21,2008 Page 4 0 DoubleTree Hotel, 4431 PGA Boulevard View from PGA Boulevard Embassy Suites, 4350 PGA Boulevard View from Interstate 95 The Decorators Unlimited Project Narrative Rev. July 21,2008 Page 5 PROPOSED SITE IMPROVEMENTS Parking b Landscaping Configuration During the course of the review of this project, Staff identified a discrepancy in the parking lot layout between the approved site plan and the existing configuration of the parking lot. The originally approved site plan included an approximately 80-foot by 18.5-foot landscape area within the parking row along the north property line which has been removed since the development of the property. The loss of this landscape area has resulted in a reduction in the amount of open space below the minimum 28% required by the PCD development order. According to the current property owner, the original developer of the property removed the landscape island in order to accommodate the turning movements of delivery trucks in the loading dock areas along the north side of the building. Due to the size of the trucks that make deliveries to The Decorators Unlimited building, there continues to be a need for the extra space to allow sufficient turning area. Therefore, the applicant is hereby requesting a formal approval of certain site modifications that incorporate a truck maneuvering apron into the design of the parking lot while maintaining the minimum required 28% open space. The removal of the landscape island to allow for the truck maneuvering apron results in a gross loss in open space provided of approximately 1,480 square feet. To regain the required open space, the applicant proposes to reclassify the use of the building from Industrial to Wholesale in order to reduce the number of required parking spaces from the approved 87 spaces down to 72 spaces. The Decorators Unlimited business is a wholesale use and a parking ratio for wholesale use was not provided for in the Land Development Regulations at the time of the original site plan approval. Therefore, the currently approved site plan calculates required parking based on a rate utilized for Industrial uses. The proposed site plan calculates parking based on the more up-to-date wholesale ratio contained within the current version of the Land Development Regulations. The reduction in parking, however, will not create an adverse parking situation on the property since much of the provided parking remains unused on a daily basis. This reduction in the number of parking spaces will allow the applicant to construct a new landscape area along the south side of the building in a location which has been observed to have the least utilized parking on the property. The new landscape island results in a total recapture of the open space lost as a result of the proposed tower The Decorators Unlimited Project Narrative Rev. July 21,2008 Page 6 0 feature and truck maneuvering area. property will include approximately 28.1% open space. With the proposed site modifications, the Monument Sim The approved site plan includes a monument sign located at the northeast corner of the building, set back approximately 60 feet from the Riverside Drive right-of-way. This monument sign was never constructed because heretofore there has not been a recognized need for any additional project identification along Riverside Drive. However, due to (1) the significant set back of the approved sign location from the street, (2) the existing vegetation on the property which has matured significantly since its installation over 10 years ago and, (3) a conflict between the approved monument sign location and the existing FPL facilities for the property, the applicant is proposing to move the monument sign to a centrally located position along the property’s Riverside Drive frontage. The new monument sign location will require the relocation of one (1) existing oak tree which is proposed to be moved to a new landscape island being created in the north parking lot as part of the truck maneuvering area improvements. Additionally, the new sign location requires a waiver from LDR Sec. 78- 285 which requires a 15-foot setback from the right-of-way. A monument sign detail is included for approval with the architectural plans submitted herewith and a waiver request and justification is included below under the ”Requested Waivers” section of this narrative. We have also enclosed a copy of the utilities easement agreement executed by both FPL and the property owner to allow the placement of the monument sign within the FPL easement recorded in Palm Beach County Official Records Book 9536 at Page 865. REOUESTED WAIVERS Identification of Requested Waivers The following is a list of the two (2) waivers that are requested for the project with a justification for each requested waiver following in italics typeface: 1. The applicant is requesting a waiver from LDR Section 78-285 Table 24 Permanent Signs to allow one (1) additional principal tenant identification sign. The project currently has one (1) principal tenant identifcation sign along the Riverside Drive frontage and one (1) principal tenant identification sign along the I-95 frontage. The Decorators Unlimited Project Narrative Rev. July 21,2008 Page 7 0 The principal tenant identification sign along the 1-95fiontage will be moved to the new tower feature facing southbound traffic. The applicant is requesting approval of one (1) additional principal tenant identification sign along the 1-95 fiontage that will be placed on the new tower feature facing northbound traffic. The proposed additional sign allows for the tower feature to be lower in height and proportional to the building. If the tower feature included only one sign at a 90-degree angle to the building, it would need to be taller to capture the line of sight of vehicles traveling past the site in the southbound direction at 55+ miles per hour. From a design standpoint, the angling of the tower and request for one (1) sign on each facade facing 1-95 allows the tower to be lower and more proportionate to the building. From a safety perspective, the angling of the tower and request for one (1) sign on each facade facing 1-95 increases visibility of the projectfiom a distance so that drivers will not be distracted while passing by the site at 55+ miles per hour. 2. The applicant respectfully requests a waiverfiom Sec. 78-285 Table 24: Permanent Signs to allow for an additional principal tenant identification sign on the west elevation (tower feature) of the building to improve building aesthetics and increase visibility for safety purposes. The applicant is requesting a waiver from LDR Section 78-285 Table 24 Permanent Signs to allow a reduction in the minimum setback for ground signs. The approved site plan currently shows a location for a monument sign at the northeast corner of the building. However, the approved location is infeasible based on a lack of visibilityfiom the right-of-way to the sign due to (1) the sign location's approximately 6O-foot distancefiorn the street and, (2) the existence of a substantial amount of mature vegetation along the Riverside Drive fiontage of the property. Further, the approved monument sign location conflicts with existing FPL facilities and an FPL easement that service the property. In order to provide identification of the project along Riverside Drive, the applicant respectfully requests the approval of an approximately 4-foot reduction in the required setback for ground signs so that a single-face monument sign can be constructed in a centrally located position alonq Riverside Drive that will be visible to vassers-bu. " " I J The Decorators Unlimited Project Narrative Rev. July 21,2008 Page 8 e Compliance with Waiver Criteria Section 78-158(i) of the City’s LDRs lists criteria, a majority with which all waiver requests must comply. Below are the aforesaid criteria followed by the applicant’s demonstration that all of the requested waivers meet the criteria for the granting of a waiver by the City Council (Note: The demonstration of compliance with the criteria below is the same for all waivers being requested). 1. The request is consistent with the city’s comprehensive plan. Demonstration of Comdiance: The requests are consistent with the City’s Comprehensive Plan. 2. The request is consistent with the purpose and intent of this section. Demonstration of Compliance: The requests are consistent with the purpose and intent of the City’s Land Development Regulations. 3. The request is in support of and furthers the city’s goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle tips, and a sense of place. Demonstration of Compliance: The proposed site, landscape and architectural design furthers the City’s goals, objectives and policies by enhancing the architectural significance of the project, establishing pedestrian connections, enhancing the employment opportunities within the City, and establishing a destination for residents of the City. 4. The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. Demonstration of Compliance: The development exceeds more than one of the minimum requirements of a PUD including open space and landscape points. 5. The request for one or more waivers results from innovative design in which other minimum standards are exceeded. The Decorators Unlimited Project Narrative Rev. July 21,2008 Page 9 0 Demonstration of Compliance: The waiver request for the additional principal tenant identification sign is the result of innovative design implemented to lower the overall height of the proposed tower feature. The proposed tower has been placed at a 45-degree angle to the road in an effort to increase the aesthetic qualities of the building by providing architectural interest and to maintain proportionality of the tower to the overall building by keeping the tower to the lowest necessary elevation for visibility of signage from the adjacent highway. The above criterion is not applicable to the setback waiver being requested. The setback waiver is being requested based on existing conditions on the site. Specifically, the existing mature vegetation and location of the existing drive isle along the front property line of the site preclude the monument sign from being placed 15 feet back from the property line as required by the City Code, thus requiring a waiver. 6. The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. Demonstration of Compliance: There are no valuable natural resources on the site. 0 7. The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. Demonstration of Compliance: The request demonstrates a public benefit with: (1) the renovation of the existing building that will be a significant improvement from the design of the existing structure; and (2) the provision of new landscape areas that will off-set past reductions in the amount of open space and landscaping on the property. 8. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. Demonstration qf Compliance: No waivers are being requested that will cause an adverse impact on adjacent properties however, the site currently contains an The Decorators Unlimited Project Narrative Rev. July 21,2008 Page 10 0 abundance of existing vegetation that will continue to screen the site from adjacent uses. 9. The request is not based solely or predominantly on economic reasons. Demonstration of Comzdiance: The requests are not based on economic factors. 10. The request will be compatible with existing and potential land uses adjacent to the development site. Demonstration of Compliance: The proposed architectural, site and landscape design has been designed to be compatible with the existing and potential land uses adjacent to the site. 11. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. Demonstration of Compliance: The requested waivers demonstrate that (1) the development will be in harmony with the purpose and intent of the City’s LDRs; and (2) the waivers will certainly not be injurious to the area or detrimental to the public health, safety and welfare. CLOSING The applicant has been unduly burdened with the recent construction of the Interstate 95 wall in the fact that it has lost all visibility to its signage and visibility along the interstate. Visibility and signage were the primary reasons for purchasing and developing the property and locating the applicant’s business to this location. The applicant is willing to expend considerable resources in order to upgrade the aesthetics of the building while bringing back the visibility that it expected to keep in perpetuity during the initial development of the property. Further, the proposed site improvements will ease the maneuverability of trucks delivering products to the warehouse facility while maintaining the minimum required amount of open space on the property. The proposed monument sign location along Riverside Drive will provide much-needed project identification for the way-finding of clients and deliveries coming to The Decorators Unlimited business. Accordingly, the applicant respectfully requests approval of the subject petition. April 11, 1996 RESOLUTION 68,1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE APPROVED SITE PLAN FOR LOT 2 OF SOUTH PARK CENTER PLAT W [THIN THE NORTHCORP CENTER PCD WHEREAS, the City has received an application to amend the Site Plan approved by Resolution 48, 1996 for a one-story, 47,000 square foot building located on Lot 2, consisting of 3 009 acres and 0.1506 acres of Lot 3, of South Park Center Plat within the NorthCorp Planned Community District; and WHEREAS, the amendment is consistent with the City’s Comprehensive Plan; and WHEREAS, the revised Site Plan is consistent with the City’s Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SECTION 1. Tke City Council of the City of Palm Beach Gardens, Florida, approves a Site Plan for construction of a one-story, 45,309 square-foot building located on Lot 2 of South Park Center Plat within the NorthCorp Planned Community District SECTION 2. Said construction shall be consistent with plans on file with the City’s Planning and Zoning Department as follows. 1. 2 3 4 5. 6 7. 8. April 11, 1996 Site Plan by Lidberg Land Surveying, Inc. 1 Sheet April 1 1,1996 Planting Plan LA-1 by Junson, Inc 1 Sheet April 11, 1996, Landscape Legend LA-2 by Junson, Inc. 1 Sheet April 9, 1996 Exterior Elevations 1 by Architectural Design Associates 1 Sheet. November 29, 1995 Roof Plan 4 by Architectural Design Associates. 1 Sheet September 18, 1995 Electrical Site Plan E-1 by Electrical Design and Engineering, Inc. 1 Sheet. September 25, 1995 Site Plan A, B and C by Sign Craft 3 Sheets August 14. 1995 Replat by Lidberg Land Suweying, Inc 1 Sheet SECTION 3, The Site Plan herein granted shall comply with the following conditions: 1. 2 3 4. 5. 6 7 8 9 10. The construction of Riverside Drive (a k a. West Park Drive) as a two-lane section as well as single northbound, southbound, eastbound and westbound left-turn lanes at the intersection of Bums Road and Riverside Drive shall be completed and opened to the public prior to the issuance of any certificates of occupancy. The conauction of the extension of NorthCorp Parkway in a two-lane section easterly to its proposed terminus at East Park Drive shall be completed and opened to the public prior to the issuance of any certificates of occupancy Existing FP&L easements shall be abandoned and replaced with a IO-foot Utility Easement adjacent to the property line and on the property, not to be encumbered with landscaping, prior to the issuance of any building permits on Lot 2 The lighting of the parking lot pavement shall provide a minimum maintained horizontal foot candles of 0 6 and an average overall of 1 .O in the general parking and pedestrian areas, certif ed to by the engineer-of-record as being provided by the lighting plan, prior to the issuance of any building permits Prior to the issuance ofthe certificate of occupancy, the developer shall coordinate with the Police Department on the acceptability of the placement of landscaping in proximity to the lighting. The Construction Plans for Lot 2 shall provide onehalf inch of on-site dry pretreatment prior to discharge into the master surface water management system by the use of an - e underground &Itration trench system The traffic impact fees generated by the development of Lot 2 shall be designated by the Building Ofticial to be placed in Palm Beach County's account €or the widening of Bums Road. AI1 roof-mounted equipment shall be screened line of sight, 6om the ground using materials compatible with the buildings Items on the roof shall not exceed 5'-6" in height fiom the roof line Ground equipment shall be screened with like landscaping required around the dumpster enclosure as depicted on the petitioner's site plan Office space use shall be limited to 25 percent of the 45,309 square-foot industrial building. With any major change of occupancy, the property owner shall provide evidence that this item is in compliance for the entire building prior to issuance of a Certificate of Occupancy. A drainage easement, to dedicate and establish maintenance responsibility for the existing storm drainage outfall pipe south of the north property line, shall be prepared. reviewed by the City Engineer, and recorded prior to the issuance of the first building bermit for the Droiect In addition, Assistant City Engineer LyMette Laming recommends the following conditions 11. The inlet at the north entrance of the project'on West Park Drive shall be detailed on construction plans. The loading area on the south side of the building is to be used only by small delivery trucks less than 25' in length. The construction plans will need to show Type "D" curb as "typical" around hkap areas per LDR 153.17(c). 14. The construction plans shall indicate correct dimensions, alignment and striping of the adjacent roadway, West Park Drive 0 12 13 15. The constniction plans shall indicate 5' interior sidewalks. 16. The constniction plans shall address water quality for the stonnwater that will collect in the truckwells 17 Final collStNCtion plans shall show the hits of the swale area. The swale area cannot conflict with the landscape plans. 18 Strike preserve area SECTION 4. This Resolution shall be effective upon adoption INTRODUCED, PASSED AND ADOPTED THIS E%F I&W@-JOSEPH R. RUSSO ATTEST: /' LINDA V. KOSIER, CMC, CITY CLERK APPROVED As TO FORM AND LEGAL SUFFICIENCY VOTE AYE NAY ABSENT v, MAYOR RUSSO --- VICE MAYOR FURTADO L-- COUNCILWOMAN MONROE J J COUNCILMAN JABLIN --- J COUNCILMAN CLARK --- .. CITY OF PALM BEACH GARDENS 0 loso0 N. MILITARY TRAIL PALM BEACH GARDENS, -IDA 3341- April 19,1996 Mr. JdTLis 1540LathamRoad West Palm Beach, Florida 33409 Dear Mr. Lis: Endosed is a wpy of Resohrtioa 68,1996, amend& the approved site plan br Lot 2 of South Park Center Plat within the NorthcMp Center PCD. Resolution 68,1996 was approved a! the City Council Regular meeting on April 18,1996. Sincerely, Deputy City Clerk Enclosure: Asstated RESOLUTION 48,1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A SITE BUILDING LOCATED ON LOT 2 OF SOUTH PARK CENTER PLAT WlTHlN THE NORTHCORP CENTER PCD. PLAN FOR THE CONSTRUCTION OF A ONE-STORY, WHEREAS, the City has received an application for approval of a Site Plan for a one- story, 47,000 square foot building located on Lot 2 of South Park Center Plat withim the NorthCorp Planned Community District; and WHEREAS, the City's Planning and Zoning Department has determined that said approval is consistent with the City's Comprehensive Plan; and WHEREAS, the City's Planning and Zoning Department has further dekrmined that said Site Plan is consistent with the City's Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: 9 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approves a Site Plan for ConstrUCrion of a one-story, 47,000 square foot building located on Lot 2 of South Park Center Plat within the NorthCorp Planned Community District. SECTION 2. Said construction shall be consistent with plans on file with the City's 1. March 13,1996 Site Plan by Lidberg Land Surveying, Inc. 1 Sheet. 2. February 12,1996 Plankg Plan LA-1 by Junson, Inc. 1 Sheet. 3. February 12,1996, Landscape Legend LA-2 by Junson, Inc. 1 Sheet. 4. March 15,1996 Exterior Elevations 1 by Architectural Design Associates. 5. November 29,1995 Roof Plan 4 by Architectural Design Associates. 1 Sheet. 6. September 18,1995 Electrical Site Plan E-1 by Electrical Design and Engineering, 7. September 25,1995 Site Plan A, B and C by Sign Craft. 3 Sheets. 8. February 16,1996 Replat by Lidberg Land Surveying, Inc. 1 Sheet. Planning and Zoning Department as follows: 1 Sheet. Inc. 1 Sheet. SECTION 3. The Site Plan herein granted shall comply with the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The construction of Riverside Drive (a.k.a. West Park Drive) as a two-lane section as well as single northbound, southbound, eastbound and westbound left-turn lanes at the intersection of Burns Road and Riverside Drive shall be completed and opened to the public prior to the issuance of any certificates of occupancy. The construction of the extension of NorthCorp Parkway in a two-lane section easterly to its proposed terminus at East Park Drive shall be completed and opened to the public prior to the issuance of any certificates of ocoupancy. Existing FP&L easements shall be abandoned and replaced with a 10-foot Utility Easement adjacent to the property line and on the prom, not to be encumbered with landscaping, prior to the issuance of any building permits on Lot 2. The lighting of the parking lot pavement shall provide a minimum maintained horizontal foot candles of 0.6 and an average overall of 1 .O in the general parking and pedestrian areas, certified to by the engineer-of-record as Wing provided by the lighting plan, prior to the issuance of any building permits. Prior to the issuance of the certificate of occupancy, the developer shall coordinate with the Police Department on the acceptability of the placement of landscaping in proximity to the lighting. The Construction Plans for Lot 2 shall provide onehalf inch of on-site dry pretreatment prior to discharge into the master surface water management system by the use of an underground exfiltration trench system. The trafEc impact fees generated by the development of Lot 2 shall be designated by the Building Official to be placed in Palm Beach County's account for the widening of Burns Road. All roof-mounted equipment shall be screened line of sight, hm the ground using materials compatible with the buildings. Items on the roof shall not cxd 5'4" in height hm the roof line. Ground equipment shall be scmed with like landscaping required around the dumpster enclosure as depicted on the petitioner's site plan. Office space use shall be limited to7 1 ,750 square feet of the total building. With any major change of occupancy, the property owner shall provide evidence that this item is in compliance for the entire building prior to issuance of a Certificate of occupancy. A drainage easement, to dedicate and establish maintenance responsibility for the existing stonn drainage outfall pipe south of the north property line, shall be prepared, reviewed by the City Engineer, and recorded prior to the issuance of the first building permit for the project. A replat of Lots 2 and 3, showing 14.5 feet of Lot 3 added to Lot 2, shall be approved by Counciland recorded piror to the issuance of any building permits for Lot 2. The petitioner shall save the native vegetation along the southern buffer. Prior to the issuance of the clearing permit, the petitioner shall meet with the City Forester to designate the protected mas and tag the trees to be relocated per City code. Prior to the issuance of the building permit, the landscaping plans shall be modified to reflect the minor change to the west building foundation plantings due to two proposed sidewalks reflected on the site plan. No net loss of plant material shall OCCUT. 11. 12. 13. SECTION 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS $1 ATTEST LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY. VOTE: AYE NAY ABSENT r/ MAYOR RUSSO --- VICE MAYOR FURTADO r/-- COUNCEWOMANMONROE - - COUNCILMAN JABLIN -- COUNCILMAN CLARK --- r/ r/ .*. CITY OF PALM BEACH GARDENS e 1- N. MIUtARY TRAIL PAW BEACH WDLNI. -IDA u41- March 25,1996 Mr. Jeff us CatalfumO 1540 Latham Road West Palm Beach, Florida 33409 Dear Mr. Lis: Enclosed is a copy of Resolution 48,1996, approving a site plan for the construction of a one- story, building located on Lot 2 of South Park Center Plat within the Northcorp Center PCD. Resolution 48,1996 was aped by the City Cuuncil at their Regular Meeting of March 21, 1996. Sincerely, Cindy Harvey Deputy City Clerk Enclosure: Asstated J w January 18, 1990 ORDINANCE 1, 1990 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, MENDING THE CURRENT ZONING FROM M-1, RESEARCH AND LIGHT INDUSTRIAL TO PCO AND PUD ZONING WITH UNDERLYING ZONING OF M-1, ON ALL LANDS COMPRISING THE PLATS OF NORTHCORP CENTER, RCA BOULEVARD CENTER, WEST PARK CENTER AND SOUTH PARK CENTER (THE ENTIRE LANDS COMPRISING THE FORMER RCA SITE); AND, PROVIDING THAT SUBSEQUENT APPROVALS SHALL BE BY RESOLUTION WITHOUT NEWSPAPER PUBLICATION OF NOTICE BEING REQUIRED; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Zoning upon the lands known as "The Former RCA SiteY located within the City of Palm Beach Gardens, Florida, and more particularly described in Exhibit "A* attached hereto and made a part hereof 1s hereby amended from M-1, Research and Light Industrial Park District, to PCD. The underlying zoning shall be and the same is hereby designated as that set forth in the M-1, Research and Light Industrial Park District, City of Palm Beach Gardens Zoning Code. Sectlon 2. Attached hereto as Composite Exhibit rB* and made a part hereof are plats prepared by Hutcheon Engineers as follows: Plat of NorthCorp Center, Plat of RCA Boulevard Center: Plat of West Park Center and Plat of South Park Center. The PCD consisting of the aforesaid descrlbed plats (Former RCA Site) heretofore approved by the City, shall be developed In accordance with the said plats, the Development Orders and Conditions of approval entered and approved by the City on January 18, 1990. Further, each lot within the foregoing plats is hereby designated as a Planned Unit Development and the Individuals Planned Unit Developments are hereby created. Section 3. Impact fees shall be paid by the developers of the individual Planned Unit Developments as set forth In any appli-' cable ordlnance, law rule or regulation of any governmental body with jurisdiction over the property development. a Section 4. Development of the individual Planned Unlt Devlopments within the Planned Comnunity District shall proceed in accordance with the said Development Orders and Condltions of Approval of January 18, 1990 attached to the Plat of West Park Center and the Plat of South Park Center; and the general conditlons as hereinafter setforth: 1. Maximum floor area ratio (FAR) on the overall PCD project shall not exceed 38%. 2. Winlmum front yard setback for all buildings shall be: A. 25' for a one (1) or two (2) story, or 25' high struc- ture. 8. An additional one (1) foot setback for each three (3) additional feet of building height above 25'. 3. Height restrictions: Lots 4 & 13 (South Park Center) 6 stories Lots 1 & 2 (RCA Blvd. Center) 8 storles Northcorp Center Site & Lots 5, 6, 7, 8, 9, 10, 11 10 stories (South Park Center) Lot 1 Lots 1 Lot 12 (West Park Center) 6 (South Park Center (South Park Center) 9 2, 3 12 stories no development perm1 tted unless site is canpatable to use of parcels 8,9, and 10, as approved by the City Council. 4. Minimum Open Space* requirements: - Storles 1-4 5 6 7 8 9 10 11 12 Open Space 28.0% 28.5% 29.0% 29.5% 30.0% 31.25% 32.50% 33.75% 35.0% *Open Space is defined as living plant material, water, and 5. A. Antennas and microwave dishes shall be subjected to speciflc PUD review for screenlng. 6. All roof-mounted equipment shall be totally screened. 6. The uses as outllned in Condition 21 shall be limited to 5% of the total approved square footage for the PCD and at any time during the development, no more than 10% shall be allowed. 7. No retail or commercial on the first 250' north of Burns Road. -2- landscaped plazas, as determined by the City Council. 8. A 30-foot wide landscape buffer along Burns Road with a berm average three feet in height and planting. 9. Lot coverage (structures) shall not exceed 40% of the Site area for a two (2) story building and shall be decreased by 2.5% for each additlonal floor of height above two stories (Example: 10 stortes; 50 - 8 (2.5) = 20%). Alternate A-1-A, shall be constructed or bonded by the property owner prlor to flnal plat approval. Beach County Traffic Impact Ordinance. determine comnunity facilities impact fees and the timing of papent for: A. Recreation B. Police C. Fire Property owner prior to the first building permit being issued wlthin the PCD, shall pay $75,000 for comnunity impact, which amount shall be credited against any future police and fire impact fees assessed against any development within the PCD. 13. The Property Owner of successors must comply wtth the DER consent order. 14. Bullding floors will be protected from the 100 year - 3 day, zero discharge storm event. Roadways will be protected from the 10 year - 1 day storm event. Parking lots will be pro- tected from the 3 year - 1 day storm event. applicant will provide the size and location of the culverts along Burns Road and 1-95, and provide for any off-site drainage. 16. The stormwater run-off from RCA Boulevard wlll need to be directed into the on-site stormwater management system in the flnal design. 17. The off-site drainage ditches that serve the project will need to ba cleaned of debrls, vegetation, and backfill prior to issuance of the first building permit, on any parcel except the Northcorp Center site. replaced prior to issuance of the first building permit, on any parcel except the Northcorp Center site, retention area on the West side of the project if required 10. A 7' pathway (east/west) along Burns Road, from 1-95 to 11. Trafflc impact fees must be paid in accordance with the Palm 12. City Council, in conjunction with the Developer(s), shall 15. Prior to the final surface water management calculations, 18. The existing corrugated aluminum weir (riser) will need to be 19. The littoral Planting shall be installed along the water by S.F.W.M.D. 20. The Property Owner wlll continue a uniform streetscape con- tinuity along all R.0.W. A streetscape/buffer plan for this PCD shall be presented to the City Council for approval by subsequent resolution prior to the issuance of approval of the f 1 rs t PUD. -3- 21. The following are uses allowed with the submission of each PUD, in addition to Industrial and offlce and other M-1 uses: (Please see Condltion 6 for clarity) 1. Retail: Wearing Apparel Toys Sundries Jewelry Camera / P ho tos Florist Gift Shop Delicatessen Bakery Office Equipment Food and Drug Sales (each food or drug store shall be limlted to a maximum of 5,000 sq. ft.) 2. Service Establishments: BarberlBeauty Shop Shoe Repair Laundry/Dry C1 eaner Print Shop Travel AGency Empl oymen t Off i ce Restaurant Health Club a maximum of 120 guest roms or suites or combination of rooms and suites. 4. Art Gallary, Museum, Dance, Art or Music Studio. 5. Retail sale of beer and wine if in conjunctlon with restaurant or convenience store. 6. Day Care Center. 7. Bar/Llquor Store, when approved by Resolution of the City Counci 1. 8. Laundromat 3. Hotel/Motel - One allowed in the project, llmited to a 9. car Wash 10. Fraternal Organization 11. Comnercial Recreation including ancillary driving ranges. 22, Kahart Pinder's conditions from his letter dated 1-8-90, and recomnendatlon 1-18-90, as follows: I. Plats of West Park Center and Plats of South Park Center 1. The maximum trip generation for new constructlon approved In the Plat of West Park Center together wlth the development approved In the Plat of RCA Boulevard Center and In the Plat of South Park Center, shall not exceed six thousand sixty-three (6,063) daily trlps, or nine hundred sixty-two (962) PM peak hour trips ("Maximum Daily Trips" and "Maxlmum PM Peak Hour Trips", respectively). 2. Any applicant appearing before the Planning and Zoning Comnission and the City Council shall provide a calculation of the daily and peak hour trips associated with the proposed project. A calculation of the daily and PM peak hour trlps shall be undertaken utllizlng the Institute of Transportation Engineers' (ITE) "Trip Generation'', Fourth Edition. -4- 11. Plat of West Park Center Prior to the issuance of any building permit for any buildlng for any land use in Lot 1, Plat of West Park Center, the construction contract shall have been let for the followlng road improvement and open to the public prior to the issuance of any certificates of occupancy on said Lot 1: (a) Addition of one (1) eastbound, left-turn lane to provide dual left-turn lanes at the intersection of RCA Boulevard and Alternate A-1-A. 111. Plat of South Park Center Prior to the issuance of buildlng permits and/or cer- tificates of occupancy for any building on certain lots within the Plat of South Park Center as more fully detailed below, certaln road improvements shall be under contract and/or complete and open to the public as follows: (a) Prior to the issuance of any bullding permits for any land uses on Lots 1, 2, 3, 4, 5, 6 or 7, the Contract let for construction of West Park Drive as a two lane as well as single northbound, southbound, eastbound and westbound left-turn lanes at the intersection of Burns Road with Riverside Drive/West Park Drive. (b) Prlor to the Issuance of any bullding permits for any land uses on Lots 7, 8, Or 9, the Contract let for construction of the extension of NorthCorp Parkway In a two lane sectlon easterly to its proposed terminus at East Park Drive. These improvements shall be complete and open to the public prior to the ISSUanCt of any certificates of occupancy for land uses on the foregoing Lots 7, 8, and 9. Prior to the Issuance of any building permits for any land uses on Lots 4, 5, 8, 9, 10, 11, 12, or 13, the Contract let for construction of East Park Drive in a two lane section includlng one addltional westbound right-turn lane as well as single eastbound and southbound left-turn lanes at the intersection of Burns Road and East Park Drive. These Improvements shall be complete and open to the publlc prior to issuance of any certlficates of occupancy for land uses on the foregoing Lots 4, 5, 8, 9, 10, 11, 12, or 13. (d) Prior to the issuance of any buildlng permits or series of building permits for any land uses generating more than three thousand, flve hundred sixty-nine (3,569) daily trlps or five hundred sixty-slx (566) PM peak hour trips for any uses on the presently undeveloped lots in the Plat of RCA Boulevard Center, the Plat of West Park Center and the Plat of South Park Center: Contract let for construction of one eastbound right-turn lane at the intersection of Burns Road and Alternate A-1-A, together with an extension of the storage lane for the single left-turn lane, and one westbound right- turn lane at the intersection of Burns Road and Military Trail. These improvements shall be complete and open to the public prior to issuance of any certificates of occupancy for any land uses generating more than three thousand five hundred sixty-nine (3,569) daily trips or five hundred sixty- six (566) PM peak hour trips from the undeveloped lots in the above referenced plats. -5- (e) Prior to the Issuance of any buildlng permits for any undeveloped lots In the Plat of South Park Center, the contract shall be let for installation of a traffic signal at the Burns Road and Rlverslde DrlVe/WeSt Park Drive intersectlon including a1 1 appropriate pavement markings, signlng, llghtlng and the like as approved by Palm Beach County, if warranted. IV. All parcels wlthln the Plat of South Park Center, shall provide a signal warrant study to detennlne if slgnaliza- tion Is required at the Intersection of Burns Road with Riverside Drive/West Park Drive. The signal warrant study shall be based on a tlme frame colncldent wlth the build- out of all development wlth the Plat of South Park Center, the Plat of West Park Center and the Plat of RCA Boulevard Center and shall Include the total traffic generated by all previously approved projects In the Plat of RCA Boulevard Center, the Plat of West Park Center and the Plat of South Park Center as well as traffic generated by those approved projects included in the trafflc study for these plats. Only the construction of the eastbound right-turn lanes at the Burns Road/Al ternate A-1-A lntersectlon and the west- bound rlght-turn lane at the Burns Road/Military Trall Intersection shall be consldered off-site improvements. All other improvements are slte related. Additlonal RIght of Way Dedlcation In addition to the right-of-way dedicated on the PLAT of SWTH PARK CENTER, the Developer, prlor to plat recordation, shall dedicate such additional rlght-of-way as may be required for the reconstructlon of the intersection of Burns Road with A1 ternate A-1-A generalty descrlbed as a maximum of an additional 35 feet beginnlng at the Intersectlon for a distance of 400 feet west of the intersectlon with a taper to 0 feet at a polnt approxima- tely 830 feet west of the intersection. Provlded, however, once plans are approved for the intersectlon. should any rlght- of-way which Is conveyed not be required for construction of the intersection, any excess land shall be imnedlately reconveyed to the property owner or his successors and assigns. 23. Prior to the submlttal of each PUD appllcatlon the Petitioner or agent will meet on site with the Clty Forester to review the site conditions which the City forester wlshes to be addressed in the site plan. 24. Slte Plan Revlew/PUD - No land clearfng or tree removal be allowed without written approval of the Clty Forester. In addition, pursuant to the PCD Plan, the Owners of the properties may deslgnate and develop areas not subject to PUD review and approval, only upon field Inspectlon and wrltten approval of the Clty Forester. As part of the appllcatlon for each PUD approval, the fol1Owing shall be submi tted: (a) Tree survey and tree analysis prepared by a registered landscape architect or slmi larly qual ified professional, which for trees with a caliber of three inches or more describes type of tree, location, caliber, and whether it wlll be removed, replaced, or relocated. (b) All existing Oak trees with a callber of eight inches or greater wlll be preserved and protected during construction. -6- 25, The Property Owner agrees and is obligated to include or cause to be included the property ("Property") In any unit of develop- ment, special distrlct, cmunity development district or local unit of special purpose government created by a duly constituted governmental entlty ("Specla1 District*) for the purpose of plannl ng , establi shing , acqui rlng , constructing, reconstruct1 ng , enlarging, extending, equipping, operating, or maintaining water management or roads and assoclated facilities, benefiting the Property and all or part of the City of Palm Beach Gardens, Florida; provided, however, that a1 1 assessments for such facilities shall be imposed on a unlform basis applied pro-rata to all property benefited by the Special District (i.e., acre by acre or residence by residence) and shall be determined In accordance with the applicable laws, ordinances, rules and regu- lations of the State of Florida, County of Palm Beach and the City of Palm Beach Gardens. Provided further, that upon creation of any Special District it must be demonstrated by the Speclal District that direct beneflt is accrued to the Property and the direct benefit to the Property as determlned by the Circuit Court of Palm Beach County, Florida, and any costs incurred by the Property by reason of other sections of this requirements shall be credited to the Property by such Special Dlstrict. The owners of the Property shall be given not less than 120 days prior written notice before formation of any Speclal District and shall be entitled to participate In all proceedings relatlng to the Special District Includlng the right to appeal any determination of benefit to the Property, 26, Prior to recording a Final Plat, 50% of the Cost of construction of an at grade pedestrian crossing and Slgnalizatlon at the Comnunity Center on Burns Road, must be paid to the City. 27. A Helipad shall be a permitted use In this PCD. Section 5. Review of subsequent developments on the individual PUDs shall be by the City's Planning and Zonlng Comnission and by the City Councll, and approval shall be by Resolution. A Public Hearing and publication of notice In a newspaper of general clrculation for the meetings on subsequent Resolutlons shall not be requtred. Section 6. If any part or portion of this Ordinance shall be be invalid by a Court of competent jurisdiction, the remainder found of the Ordinance shall remain in full force and legal effect. Section 7. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 8. This Ordinance shall be effective upon date of passage. -7- PLACED ON FIRST READING THIS 4th DAY OF JANUARY, 1990. PLACED ON SECOND READING THIS 18th DAY OF JANUARY, 1990. PLACED AND AD OPrfD THIS 18th DAY OF JANUARY, 1990. - “I JICE MAYOR ATTEST: -8- Fi g ’ s @ Pa l m B e a c h G a r d e n s F L Fi g ’ s @ Fi g ’ s @ Lo c a t e d a t T h e G a r d e n s M a l l Fi g ’ s @ PG A B l v d ma c y ’ s Fi g ’ s @ Ap p r o v a l s R e q u e s t e d TR E L L I S - m i n o r m o d i f i c a t i o n s t o t h e w e s t fa ç a d e o f M a c y ’ s t o i n s t a l l a n o n - co r r o s i v e m e t a l t r e l l i s w i t h v i n e s SI G N – o n e t e n a n t s i g n o n t h e w e s t f a ç a d e . wa i v e r s r e q u e s t e d f o r s i g n 1. w a l l s i g n w i t h 4 4 . 5 i n c h l e t t e r s 2. w a l l s i g n a b o v e t h e 2 nd floor line Fi g ’ s @ CO N T E X T Fi g ’ s @ CO N T E X T Fi g ’ s @ CO N T E X T Fi g ’ s @ CO N T E X T Fi g ’ s @ CO N T E X T Fi g ’ s @ WE S T F A C A D E Fi g ’ s @ WE S T F A C A D E Fi g ’ s @ WE S T F A C A D E Fi g ’ s @ TR E L L I S Fi g ’ s @ TR E L L I S Fi g ’ s @ TR E L L I S Fi g ’ s @ Pl a n R e v i s i o n s NO P A I N T – w e s t f a c a d e w i l l n o t b e p a i n t e d be h i n d t h e t r e l l i s NO B O U G A I N V I L L E A – S c h e f f l e r a ar b o r i c o l a w i l l b e p l a n t e d a l o n g f e n c e in s t e a d Fi g ’ s @ Pl a n R e v i s i o n s No P a i n t o n w a l l Sc h e f f l e r a a r b o r i c o l a he d g e a l o n g f e n c e Fi g ’ s @ TR E L L I S Cr e e p i n g F i g V i n e o n T r e l l i s -p l a n t e d t h r o u g h o u t m a l l l a n d s c a p i n g -c l i m b s u p t o 4 s t o r i e s -g r o w s i n s u n o r s h a d e -g o o d w a l l c o v e r -a l w a y s g r e e n -r a p i d g r o w e r -a i d s i n e n e r g y c o n s e r v a t i o n – “ g r e e n sc r e e n ” Fi g ’ s @ SI G N E X A M P L E Me t a l f a c e w i t h p u n c h t h r o u g h a c r y l i c l e t t e r s Fi g ’ s @ SI G N E X A M P L E Me t a l f a c e w i t h p u n c h t h r o u g h a c r y l i c l e t t e r s Fi g ’ s @ SI G N S C A L E Fi g ’ s @ SI G N S C A L E Fi g ’ s @ SI G N Fi g ’ s @ CO N C U L S I O N Ci t y o f P a l m B e a c h G a r d e n s No r t h C o r p P C D : D e c o r a t o r ’ s U n l i m i t e d MI S C 08 04 00 0 0 4 2 MI S C -08 -04 -00 0 0 4 2 Pl a n n i n g , Z o n i n g a n d A p p e a l s B o a r d ( P Z A B ) Se p t e m b e r 9 , 2 0 0 8 Su b j e c t S i t e Su b j e c t R e q u e s t • T h e A p p l i c a n t i s r e q u e s t i n g a p p r o v a l o f t h e fl l i Su b j e c t Re q u e s t foll ow ing : 1. A d d i n g a t o w e r f e a t u r e o n t h e w e s t b u i l d i n g l t i f i I t t t 9 5 elev a ti on fac ing Inter s tate 95 2. R e l o c a t e a p p r o v e d m o n u m e n t a n d a s s o c i a t e d di s p l a c e d l a n d s c a p i n g di s p l a c e d la n d s c a p i n g . 3. U p d a t e p a r k i n g r e q u i r e m e n t t o b e c o n s i s t e n t w i t h cu r r e n t u s e o f t h e p r o j e c t cu r r e n t us e of th e pr o j e c t . Wa i v e r R e q u e s t s • Th e A p p l i c a n t i s r e q u e s t i n g a p p r o v a l o f tw o w a i v e r s r e l a t e d t o s i g n a g e . 1. Pr i n c i p a l T e n a n t S i g n a g e : • Ea c h p r i n c i p a l s t r u c t u r e i s a l l o w e d a fl a t / w a l l s i g n . Th e A p p l i c a n t p r o p o s e s t o r e l o c a t e a p r e v i o u s l y ap p r o v e d p r i n c i p a l t e n a n t s i g n t o t h e p r o p o s e d ap p r o v e d pr i n c i p a l te n a n t si g n to th e pr o p o s e d to w e r f e a t u r e i n a d d i t i o n t o r e q u e s t i n g a n ad d i t i o n a l p r i n c i p a l t e n a n t s i g n a l s o t o b e l o c a t e d on t h e t o w e r . Wa i v e r R e q u e s t s ( c o n t ’ d ) 2. M o n u m e n t S i g n a g e – Th e A p p l i c a n t p r o p o s e s t o r e l o c a t e a – Th e Ap p l i c a n t pr o p o s e s to re l o c a t e a pr e v i o u s l y a p p r o v e d m o n u m e n t s i g n 1 1 f e e t fr o m t h e r i ght - o f - w a y (RO W ). g y( ) • C o d e r e q u i r e s t h e m o n u m e n t s i g n b e s e t b a c k a mi n i m u m o f 1 5 f e e t f r o m t h e R O W . Wa i v e r C r i t e r i a • S e c t i o n 7 8 - 1 5 8 , W a i v e r s t o p l a n n e d u n i t de v e l o p m e n t s o u t l i n e s g u i d e l i n e s f o r ap p r o v i n g w a i v e r s . – “ T h e r e q u e s t f o r o n e o r m o r e w a i v e r s r e s u l t s fr o m i n n o v a t i v e d e s i g n i n w h i c h o t h e r mi n i m u m s t a n d a r d s a r e e x c e e d e d . ” St a f f be l i e v e s t h e A p p l i c a n t ’s d e s i g n l a c k s be l i e v e s th e Ap p l i c a n t s de s i g n la c k s in n o v a t i o n a n d d o e s n o t e n h a n c e t h e ar c h i t e c t u r e , b u t o n l y p r o v i d e s a p l a c e f o r t h e ar c h i t e c t u r e , bu t on l y pr o v i d e s a pl a c e for the pr o p o s e d p r i n c i p a l t e n a n t s i g n s . Wa i v e r C r i t e r i a ( c o n t ’ d ) • “ T h e r e q u e s t i s n o t b a s e d s o l e l y o r pre d o m i n a n t l y o n e c o n o m i c r e a s o n s . ” py – T h e A p p l i c a n t h a s s t a t e d t h a t t h e w i d e n i n g an d e l e v a t i n g o f I - 9 5 h a s s e v e r e l y d i m i n i s h e d g y th e p r o p e r t y v a l u e . St a f f b e l i e v e s t h a t t h e Ap p l i c a n t ’ s w a i v e r r e q u e s t f o r t h e s i g n a g e o n th t i b d l l i th e tow e r is bas e d s o lely o n e c o n o m ic re a s o n s . Wa i v e r A n a l y s i s • S t a f f r e c o m m e n d s D E N I A L o f t h e r e q u e s t to r e l o c a t e t h e p r e v i o u s l y a p p r o v e d pr i n c i p a l t e n a n t s i g n a n d t h e r e q u e s t f o r an a d d i t i o n a l p r i n c i p a l t e n a n t s i g n f o r t h e fo l l o w i n g r e a s o n s : – T h e d e s i g n o f t h e t o w e r f e a t u r e d o e s n o t en h a n c e t h e a e s t h e t i c s o f t h e b u i l d i n g a n d i s di s p r o p o r t i o n a t e t o t h e b u i l d i n g h e i g h t . T h e i t i b i l d i i 2 8 ’ d t h t i 2 4 ’ ex isti ng buil d i ng is 28 ’ a n d th e tow e r is 24’. Wa i v e r A n a l y s i s – T h e p r o p o s e d t o w e r f e a t u r e d o e s n o t c o n t a i n an y h a b i t a b l e s p a c e a n d i s m e r e l y f o r an y ha b i t a b l e sp a c e an d is me r e l y fo r ad v e r t i s i n g . • T h e A p p l i c a n t h a s r e f e r e n c e d o t h e r b u i l d i n g s w i t h si m i l a r s i g n a g e , h o w e v e r , n o n e o f t h e s i g n s a r e lo c a t e d o n t o w e r f e a t u r e s . • St a f f h a s g i v e n t h e A p p l i c a n t a l t e r n a t i v e d e s i g n s t o • St a f f ha s gi v e n th e Ap p l i c a n t al t e r n a t i v e de s i g n s to th e t o w e r f e a t u r e t h a t c o u l d c r e a t e a m o r e pr o p o r t i o n a l f e e l t o t h e t o w e r , b u t t h e A p p l i c a n t h a s ch o s e t o p r o c e e d a s s u b m i t t e d . Wa i v e r A n a l y s i s • S t a f f r e c o m m e n d s a p p r o v a l o f t h e w a i v e r re que s t t o r e l o c a t e t h e e x i s t i n g a pp roved qg p p mo n u m e n t s i g n 4 ’ i n t o t h e r e q u i r e d se t b a c k . – S t a f f b e l i e v e s t h e A p p l i c a n t h a s p r o v i d e d si gni f i c a n t jus t i f i c a t i o n t o s u pp or t t h e w a i v e r gj p p re q u e s t a n d h a s e v e n m e t t h e A p p l i c a n t o n - si t e t o d e t e r m i n e t h e m o s t s u i t a b l e l o c a t i o n f o r th i th e s ign . St a f f R e c o m m e n d a t i o n • S t a f f r e c o m m e n d s D E N I A L o f t h e w a i v e r re q u e s t s p e r t a i n i n g t o t h e p r i n c i p a l t e n a n t re q u e s t s pe r t a i n i n g to th e pr i n c i p a l tenant si g n s . St f f d A P P R O V A L f t h • St aff r e c o m m e n ds AP P R O V A L o f th e mo n u m e n t s i g n r e l o c a t i o n .